Civil Registration: Consultation Document

Baroness Barker: asked the Chairman of Committees:
	Why there is no copy of the consultation document Civil Registration: Delivering Vital Change in the Printed Paper Office.

Lord Brabazon of Tara: The Printed Paper Office has been able to obtain only one copy of this document from the Government, and this has since been issued to a Member of the House. In addition, two copies are held in the Library. The text is also available on the Internet at http://www.statistics.gov.uk/registration/whitepaper/, and staff of the PPO can print off copies on request.

Criminal Offences: Specified Proceedings

Lord Bradshaw: asked Her Majesty's Government:
	Whether the police, rather than the Crown Prosecution Service, should prosecute minor offences.

Lord Goldsmith: The Crown Prosecution Service (CPS) has a statutory duty under Section 3 of the Prosecution of Offences Act 1985 to take over the conduct of all criminal proceedings instituted by the police, but an exception is made for proceedings (termed "specified proceedings") in relation to very minor matters such as regulatory road traffic offences, the routine nature of which does not demand an independent review by the CPS. Specified proceedings cease to be specified at any time a court begins to hear the evidence in the case, at which stage the CPS will take over the conduct of the prosecution.
	There is no intention to amend this aspect of the statutory relationship between the police and the CPS that underpins the constitutional independence of CPS prosecutors.
	There are provisions in the Criminal Justice Bill currently before Parliament that do affect the working relationship between the police and CPS. Lord Justice Auld's Review of the Criminal Courts (October 2001) recommended that the CPS take on responsibility for determining the charge in all but minor or routine cases. Joint piloting of this recommendation by the police and CPS has proved very beneficial for the working relationship between the two services and improved their effectiveness in delivering justice on behalf of the public. Provisions in the Criminal Justice Bill will put this new working relationship on a statutory footing and have been widely welcomed.
	The new relationship that is developing between the police and CPS will impact across the range of criminal cases from relatively minor cases to the most serious of cases involving serious, international and organised crime. As part of this developing relationship, the CPS will have in place from early 2004 a network of lead prosecutors who will provide a focus on anti-social behaviour. These prosecutors will work with the police, local authorities and local communities to bring the expertise of the CPS to tackle low-level crime that can make life a misery, particularly for our poorest communities. This development re-emphasises the role of the CPS as a key part of the criminal justice system to act on behalf of society in bringing offenders to justice and in delivering justice for individual victims and for our wider communities.

Treasury Solicitor's Annual Report and Accounts 2002–03

Lord Alli: asked Her Majesty's Government:
	When the Treasury Solicitor will publish her annual report.

Lord Goldsmith: The Treasury Solicitor's annual report and accounts 2002–03 have today been published and laid before Parliament. Copies have been placed in the Libraries of both Houses.

Racial Discrimination: EC Legislation

Lord Lester of Herne Hill: asked Her Majesty's Government:
	Further to the Written Answer by the Baroness Scotland of Asthal on 17 September (WA 179), whether, and if so how, the amendments made to the Race Relations Act 1976 by the 2003 regulation are compatible with the right to equality before the law and the equal protection of the law, including the right to equal treatment before Employment Tribunals, for non-white individuals as well as white individuals.

Baroness Scotland of Asthal: The amendments apply in the same way to non-white individuals as they apply to white individuals in as much as the RRA itself applies equally to white and non-white individuals.

Suez Medal

Lord Radice: asked Her Majesty's Government:
	What progress has been made on the issue of a medal for service in the Suez Canal zone from 1951 to 1954.

Lord Bach: Further to the Written Answer in another place by my right honourable friend the Prime Minister on 11 June 2003 (Offical Report, column 869W), we are pleased to announce that Her Majesty The Queen has graciously agreed to the institution of the Naval General Service Medal 1915 to 1962 and the General Service Medal 1918 to 1962 with the new clasp "Canal Zone" for service in the Suez Canal zone. Command Paper No 5999 is laid before Parliament today detailing the criteria for this award. My department's medal offices will now commence the award to eligible Suez veterans.
	Individuals who served in the canal zone during the early 1950s, or their next of kin, are invited to write to the appropriate medal office providing their name, date of birth and Service number. The addresses of the medal offices are as follows:
	Royal Naval Medal Office, Room 1068, Centurion Building, Grange Road, Gosport,Hampshire PO13 9XA
	Royal Marines Medal Office, Room 038, Centurion Building, Grange Road, Gosport, Hampshire PO13 9XA
	Army Medal Office, Government Buildings, Worcester Road, Droitwich Spa, Worcestershire WR9 8AU
	Royal Air Force Medal Office, Room 6, Building 248A, RAF PMA, RAF Innsworth, Gloucester, Gloucestershire GL3 1EZ
	Civilian Honours Unit, Room 462, St Giles Court, 1-13 St Giles High Street, London WC2H 8LD
	Royal Fleet Auxiliary Medal Office, SO3 RAF CS1A, Room F11, Lancelot Building, PP29, HM Naval Base, Portsmouth, Hampshire PO1 3NH

EU Public Sector Procurement Directive

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	Whether they believe that the European Union Public Procurement Directive as drafted will enable environmental and social needs to be adequately taken into account.

Lord Sainsbury of Turville: The UK Government believe that the common position of the revised EU Public Sector Procurement Directive does enable relevant social and environmental needs to be addressed. It clarifies the scope to take account of such issues at each stage of the procurement process.

European Parliament: Conciliation Committee

Baroness Miller of Chilthorne Domer: asked Her Majesty's Government:
	What advice they will give to United Kingdom Members of the European Parliament on the Conciliation Committee regarding amendment 95 to Article 53.1 in the Classical Directive and amendment 50 to Article 55.1 in the Sectoral Directive.

Lord Sainsbury of Turville: UK Government advice to United Kingdom Members of the European Parliament will be that the text of the common position for award criteria in the public sector and utilities directives represents a balanced approach. It allows social and environmental criteria to be taken into account provided that they are relevant to the subject of the contract and give a benefit to the contracting authority.
	As currently drafted, the text of the European Parliament amendments would allow wider issues to be taken into account at the award stage and would be likely to undermine value for money.

Ex-directory Telephone Numbers

Lord Hodgson of Astley Abbotts: asked Her Majesty's Government:
	Whether the "comprehensive directory" specified in paragraph 2 of the Electronic Communications (Universal Service) Order 2003 (S.I. 2003/1904) will include telephone numbers hitherto ex-directory.

Lord Sainsbury of Turville: The comprehensive directory specified will not include telephone numbers hitherto ex-directory unless the ex-directory telephone subscriber specifically requests it. This is because subscribers have, and will continue to have into the future, the right to be ex-directory, under the Telecommunications (Data Protection and Privacy) Regulations 1999, which will be replaced on 11 December 2003 by the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003

Lord Hodgson of Astley Abbotts: asked Her Majesty's Government:
	Why Section 8 of the Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 (SI 2003/1903) does not require an address, telephone number or other contact point of the "responsible person" to be specified

Lord Sainsbury of Turville: Regulation 2(8) of the Radio Equipment and Telecommunications Terminal Equipment (Amendment) Regulations 2003 amended Regulation 10(3) of the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 (SI 2000 No 730) ("the principal regulations") by clarifying the information to be provided on apparatus.
	The principal regulations implemented Directive 1999/5/EC on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. Article 12.4 of that directive requires apparatus to be identified by, in addition to technical markings, "the name of the manufacturer or the person responsible for placing the apparatus on the market". To have included a requirement in the principal regulations for additional information to be specified in respect of the responsible person would have been to go beyond the scope of the directive.

EU Trade Negotiations

Lord Hylton: asked Her Majesty's Government:
	Whether they are seeking to clarify the roles and relationships between member states and the European Union Trade Commissioner in trade negotiations.

Lord Sainsbury of Turville: The respective roles of the European Commission and the Council of Ministers, in internal trade negotiations, are set out in the EU Treaty. The Commission negotiates under a mandate agreed by the Council.

World Trade Organisation

Lord Hylton: asked Her Majesty's Government:
	Whether they will make a formal proposal that the World Trade Organisation should resolve outstanding tariff and subsidy issues before proceeding to negotiate on investment and competition policy.

Lord Sainsbury of Turville: Any proposal put forward by the UK in relation to the ongoing WTO negotiations would have to be agreed by EU member states and presented to the WTO by the European Commission.
	However, as my noble friend reported to the House (on 17 September), "Commissioner Lamy, on behalf of the European Union, offered to abandon completely negotiations on investment and competition (at Cancun), a position that was fully supported by the Council of Ministers and, in particular, by the British Government".

World Trade Organisation

Lord Hylton: asked Her Majesty's Government:
	Following the fifth ministerial conference of the World Trade Organisation in Cancun, what procedural improvements they would like to see in World Trade Organisation negotiations; and how these might be implemented.

Lord Sainsbury of Turville: We are considering these issues in discussion with the European Commission and other EU member states.

World Trade Organisation

Lord Hylton: asked Her Majesty's Government:
	What instructions they intend to give to senior officials attending the next general council of the World Trade Organisation in Geneva.

Lord Sainsbury of Turville: Senior officials from all WTO members must send a strong signal of their willingness to engage fully and constructively in the Doha round negotiations both before and at the next WTO general council in Geneva on 20-21 October.

Exports

Lord Taylor of Warwick: asked Her Majesty's Government:
	Why British exports to the European Union have fallen to their lowest level in four years, despite the recent drop in the value of sterling against the euro.

Lord Sainsbury of Turville: Although the UK economy continues to perform well, we are a highly open economy and therefore not immune to the recent global slowdown. UK exports have been affected by the depressed level of demand in many of our main EU markets. Both the French and German economies contracted in the second quarter of 2003, by 0.3 per cent 0.1 per cent respectively, with Germany now having experienced two consecutive quarters of negative growth. However, despite the global slowdown, the UK experienced GDP growth of 0.6 per cent in quarter two.

Electricity Generation

Lord Jenkin of Roding: asked Her Majesty's Government:
	What conclusions they have drawn from the European Union's study on the environmental cost of electricity, and, in particular, on the comparative external costs given for the different forms of electricity generation in the United Kingdom.

Lord Sainsbury of Turville: The European Commission's recently published report in its ExternE series External Costs: Research results on socio-environmental damages due to electricity and transport contains useful estimates of the external costs associated with different electricity generation technologies and forms of transport.
	The department is considering the report and has not yet drawn any conclusions from it. Analysis published at the same time as the energy White Paper in February 2003 provided estimates of the ancillary benefits associated with reductions in greenhouse gas emissions. A significant part of these benefits derives from improvements to public health. This paper is available at: www.defra.gov.uk/environment/climatechange/ewpscience/ewp ancillaryeffects.pdf
	The external costs associated with global warming are also covered in the White paper. The Government have a range of policies to encourage renewable energy as well as improving energy efficiency, which are designed to reduce carbon dioxide emissions by between an additional 15-25MtC by 2020 compared with our business as usual projection. Many of these policies can be achieved at costs which are likely to fall below the marginal external costs of coal and gas generation shown in the Commission's report.

Photodynamic Therapy

Lord Ashley of Stoke: asked Her Majesty's Government:
	Why the Department of Health sent guidance to hospitals and primary care trusts saying that they did not have to find money for photodynamic therapy for nine months; and
	What is their assessment of the claim that thousands of people with age-related macular degeneration will go blind if photodynamic therapy is not available for nine months.

Lord Warner: In reviewing the final appraisal determination, the National Institute for Clinical Excellence's guidance executive also considered whether there were grounds for advising the Department of Health to vary the three-month direction. It considered there were grounds to do so on this occasion.
	We are not delaying implementation of the NICE guidance on photodynamic therapy (PDT) for nine months. Patients are already receiving PDT treatment on the National Health Service and will do so in increasing numbers in the coming months.
	It was the department's assessment, informed by advice from NICE, that the NHS would be unable to implement the guidance in full within the usual three-month period. We have previously varied the direction on five occasions when it was required to implement effectively the guidance to provide the service to patients.
	The guidance issued to primary care trusts (PCTs) on PDT asks that PCTs should make funds available within nine months. We expect implementation to have been fully achieved within this timeframe with all eligible patients having access to available treatment. PCTs may complete implementation earlier should their service planning enable them to do so.
	Within the nine months allowed for full implementation, commissioners are expected to expand the service in a planned way to ensure there is sufficient capacity which is appropriately located to meet patient need, a fully trained workforce and access to expert diagnostic services. This will include the creation of new—and the expansion of existing—PDT centres and expert reading centres.

Long-Stay Hospitals

Lord Adebowale: asked Her Majesty's Government:
	(a) How many people have been moved from long-stay hospitals to alternative accommodation since the publication of the Valuing People White Paper;
	(b) which long-stay hospitals continue to provide accommodation for people with a learning disability; and
	(c) how many people with a learning disability remain in long-stay hospitals and alternative accommodation.

Lord Warner: We do not believe that it is right for people with learning disabilities to live in National Health Service hospital accommodation on a long-term basis. One of the objectives in the White Paper Valuing People: A New Strategy for Learning Disability for the 21st Century (March 2001), which contains our proposals for improving services for people with learning disabilities, their families and carers, is the closure of the remaining long-stay hospitals by April 2004.
	When Valuing People was published, some 1,500 people with learning disabilities were living in long-stay hospitals. The number is now around 750. Plans are in the development stage to move these people to appropriate alternative accommodation.
	The remaining long-stay hospitals are:
	Aston Hall
	Chase Farm
	Earls House
	Fieldhead
	Gloucester Centre
	Gorse Hill
	Highbury
	Lea Castle
	Little Highwood
	Little Plumstead
	Long Leys
	Monckton
	Northgate
	Oak House
	Orchard Hill
	Princess Marina
	Prudhoe
	Ridge Hill
	St Catherine's
	St Ebba's
	These long-stay hospitals have not previously been publicly named to protect the remaining patients from intrusion. This position was agreed with local management.
	The director of valuing people implementation intends to report in detail on the hospital closure programme to the Learning Disability Task Force in December.

Medicines and Healthcare Products Regulatory Agency

Earl Attlee: asked Her Majesty's Government:
	How many staff are expected to be employed by the Medicines and Healthcare Products Regulatory Agency in each of the next five years.

Lord Warner: The Medicines and Healthcare Products Regulatory Agency is working on its forward plans, including staffing.

Medicines and Healthcare Products Regulatory Agency

Earl Attlee: asked Her Majesty's Government:
	What will be the impact on the Medicines and Healthcare Products Regulatory Agency of the Medical Devices Directive.

Lord Warner: The Medical Devices Directive 93/42/EEC came into force on 14 June 1998 and provides the framework for regulation of medical devices across the European Union. The Medicines and Healthcare Products Regulatory Agency, as UK competent authority under these regulations, is responsible for ensuring that the provisions of the directive are met.

Medicines and Healthcare Products Regulatory Agency

Earl Attlee: asked Her Majesty's Government:
	How many staff were employed by the Medicines and Healthcare Products Regulatory Agency on 1 October.

Lord Warner: There were 660 permanent staff employed and, additionally, 49 staff on shorter contracts.

Medical Devices Agency and Medicines Control Agency

Earl Attlee: asked Her Majesty's Government:
	How many staff were employed on 1 April 1997 by (a) the Medical Devices Agency; and (b) the Medicines Control Agency.

Lord Warner: There was an average number of 414 staff employed in the Medicines Control Agency and 136 in the Medical Devices Agency during the financial year 1996–97.

Drinking Water: Fluoride

Baroness Byford: asked Her Majesty's Government:
	When the study to investigate the effect of water hardness and source of fluoride ion on bio-availability of fluoride in drinking water will be published.

Lord Warner: The study has been completed and is now the subject of a peer review process. We plan to publish this as soon as possible.

Sport: Drugs Policy

Lord Moynihan: asked Her Majesty's Government:
	Whether, as a matter of urgency, they will make the Drug Free Sport Directorate independent of UK Sport; and
	When they intend to launch an independent review into the effectiveness of anti-doping testing policies and procedures in British sport.

Lord McIntosh of Haringey: UK Sport under the leadership of its new interim chair (Sue Campbell) is undergoing a review of functions and consideration of a reform agenda that includes the role of UK Sport and responsibility for anti-doping.

Sport: Drugs Policy

Lord Moynihan: asked Her Majesty's Government:
	When they intend to provide the Drug Free Sport Directorate of UK Sport with the powers to establish and run independent disciplinary panels and insist on the presence of independent testing officers at all times during all testing procedures.

Lord McIntosh of Haringey: UK Sport is currently assessing the question of where responsibility for disciplinary procedures should rest under the UK's national anti-doping policy. Under the national doping control process, sample collection and analysis are already independent of sport and its governing bodies.

Sport: Drugs Policy

Lord Moynihan: asked Her Majesty's Government:
	When they intend to make representations to the Football Foundation to ensure that grants to the football clubs should be conditional on the full implementation of UK Sport's Statement of Anti-Doping Policy.

Lord McIntosh of Haringey: The Government do not intend to make representations to the Football Foundation on this matter. The Football Association (FA), the sports governing body, has a comprehensive anti-doping programme in place that applies to players in the professional and semi-professional game. The FA's anti-doping programme applies to all clubs irrespective of whether they are in receipt of funding from the Football Foundation or not.

Sport: Drugs Policy

Lord Moynihan: asked Her Majesty's Government:
	When UK Sport has informed the Football Association by telephone on 23 September that Rio Ferdinand had failed to comply with a request to submit to a test, a disciplinary panel was not set up prior to that player's next Premier League match and in advance of England's match against Turkey on 11 October; and whether they will call for a review of the timing of disciplinary hearings.

Lord McIntosh of Haringey: Under the national anti-doping policy it is the responsibility of national governing bodies to set up a disciplinary panel. As such, this is a matter entirely for the Football Association and the Government do not comment on individual cases.

Sport: Drugs Policy

Lord Moynihan: asked Her Majesty's Government:
	Whether they have received reports that the Manchester United club doctors, who are mandated under the anti-doping policy agreed between the football authorities and UK Sport to ensure full compliance with the policy, informed the independent sampling officers that Rio Ferdinand was delayed in giving a sample on 23 September owing, inter alia, to "media interviews"; and why the doctors failed to ensure his attendance to comply with a request to submit to a test.

Lord McIntosh of Haringey: The Football Association is working with UK Sport to ensure that sample collection procedures are reviewed so that they fully comply with the national anti-doping policy, which in turn reflects the policy of the new World Anti-Doping Agency. The Government do not comment on individual cases.